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Biography

David Whitaker advises traditional and emerging financial services companies in transactional, legal, and regulatory matters, particularly those related to digital financial services, including electronic signatures, records, and payments. As Senior Counsel in the Chicago office of Buckley Sandler LLP, Mr. Whitaker provides valuable insights to his clients based on decades of in-house experience and deep knowledge of the structures, implementation platforms, and processes that conform to the requirements of the Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), federal and state payments law, other applicable state and federal laws, and various industry standards.

Mr. Whitaker helped draft several of the laws on which he now advises clients. He was an active participant in the drafting of Revised Articles 5 and 9 of the Uniform Commercial Codes, participated in the drafting of the Uniform Electronic Transactions Act where he chaired the Task Force on Scope and served as reporter for the Task Force, and advised industry participants on the creation and drafting of the federal Electronic Signatures in Global and National Commerce Act.

He is one of the co-authors of The Law of Electronic Signatures, and was the Reporter for the Standards and Procedures for electronic Records and Signatures (SPeRS) and the Mortgage Bankers Association white paper “Security Interests in Transferable Records.” Mr. Whitaker was also one of the contributing authors for the American Bar Association’s Model Funds Transfer Services Agreement and Commentary, and also the Model Positive Pay Services Agreement and Commentary.

Prior to joining Buckley Sandler, Mr. Whitaker was Senior Company Counsel in the Strategy & Operational Risk Group at Wells Fargo Bank, N.A., where he served as team leader for the group of attorneys supporting Wells' electronic financial services, which included acting as the primary legal architect at Wells for the development of the vSafe online document storage service and the clearXchange P2P electronic payments platform.

Before going in-house, Mr. Whitaker was Of Counsel in Goodwin Procter’s Corporate Department and a member of its Financial Services Practice, specializing in electronic commerce issues and financial services law. He has extensive experience with practical application of laws governing electronic banking, letters of credit, payment systems and commercial and consumer financing. Before joining Goodwin Procter, Mr. Whitaker served as in-house counsel for Freddie Mac and several banks.

Mr. Whitaker is a member of the American Law Institute. He was named a “2009 Mortgage Banking Technology All-Star” by Mortgage Banking Magazine. In 2014, he received both the e-SignLive e-Sign Ambassador Award and a Cornerstone Award from the Electronic Records and Signatures Association. He received a second Cornerstone Award in 2015. Mr. Whitaker received his J.D. from the University of Illinois (cum laude) and his B.A. (with high honor) from James Madison College at Michigan State University.

Webcasts & Speaking Engagements

In The News

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Awards and Recognitions

Awards & Recognitions

  • 2015 Cornerstone Award, Electronic Signature & Records Association
  • 2014 Cornerstone Award, Electronic Signature & Records Association
  • Honorary Lifetime Member, Electronic Signature & Records Association
  • 2014 e-SignLive "e-Signature Ambassador" Award
  • Member, American Law Institute
  • 2009 Mortgage Banking All-Star, Mortgage Banking Magazine

Education

  • J.D., University of Illinois, 1983 (cum laude)
  • B.A., Michigan State University, 1980

Admissions

  • District of Columbia
  • Illinois
  • Iowa
  • Oklahoma

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